Update

KNYSNA NEWS - Councillor Velile Waxa has been found guilty on charges of alleged breach of the Code of Conduct for Councillors. This was revealed during a council meeting held on Monday 2 July, and the disciplinary committee has recommended to council to request the MEC for local government in the province to remove the councillor from office.

The item was the subject of debate at the council meeting, where Waxa pleaded to have his say before council.

“My side of the story must be heard to assist councillors in making a decision,” he said, but this was quickly contested by other councillors who offered a different view, and stated that the disciplinary committee – appointed by council – was tasked with the responsibility and therefore their findings must be respected.

The matter refers to 30 March 2017, when council resolved to submit allegations of breach of the Code of Conduct against Waxa to the disciplinary committee.

Councillor absent from hearing
The hearing reconvened on 16 May 2018 and proceeded in the absence of Waxa, who advised the DC on the morning of the proceedings that he would not be able to attend as he was not feeling well and would be attending his doctor's rooms.

The committee noted a plea of not-guilty as the accused councillor was absent from the proceedings.

After having heard the testimony of the complainants and witnesses in the charges and after having heard representations from the prosecutor Alderman Anton Coetsee, the disciplinary committee resolved that it found Waxa guilty on Charges 1, 2 and 3 as set out in the charge sheet, and recommended to council to request the MEC for local government in the province to remove the councillor from office.

'Irregular expenditure' charge
During the course of the hearing, evidence was led with regards to expenditure that may be regarded as being irregular. The committee is of the view that the expenditure incurred relating to the charges be further investigated by a Section 79 committee of council.

The three charges, which are all said to be a violation of the Code of Conduct, are as follows:

• On or about 6 December 2016 at Love Corner informal settlement, Waxa interfered with the administration of Knysna Municipality in that he was material in the appointment of one or more contractors, among others, to clear a site following a fire that destroyed informal settlements and to erect new houses. In doing so, the councillor disregarded the supply chain management process that had to be followed by officials and from which process councillors are barred.

• During the period 6 December 2016 to 16 December 2016, Waxa interfered with the municipal administration in that he gave direct instructions to housing officials and interfered with the standard prices paid by the municipality per shack, which caused the acting municipal manager to enter into negotiations with the contractor in order to reach a settlement.

• On 10 December 2016 at Templeman Square, Main Road, Waxa verbally attacked a member of the public pertaining to the legitimate use of an informal trading stall.

Mayor Mark Willemse stated during the council meeting that should Waxa not agree with the disciplinary findings, he may ask for a review from the MEC.